Honestly regardless of the legality of it, diaz clearly wanted to retract his resignation.
The intent of the letter is clear, but the legal jander of it got in the way
Either way, both sides have merit
Up to the person
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Yes. Unlike dumbass diaz I retracted properly 
There’s a reason only BCAs survive making resignation jokes
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the opinion of everyone is completely biased, they’re all legit lying in the poll because idk why but no one likes diaz and wants to get him out of office as much as possible. from what i heard auto was the one who convinced the lt gov to count the resignation or whatever idk if its true
auto and diaz should just stop hating on each other and this drama is stupid
though yeah the resignation was counted cause he didn’t properly retract it, idk what you people expect that you don’t risk your resignation being counted if you want to pull this move.
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diaz dick rider!!! down with diaz, diaz is a bad man
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it was myself, cherrylimons, 1superchris2 and a number of other attorneys
cant remember who raised the point about diaz’s resignation, i don’t think they were an attorney
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got it
but can you please hug it out with diaz instead of hating on each other
getting too old
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i was tired but my friends gave me a reason to stay
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neither of them would want to do this
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you cant even win an election cry
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i have stopped being a dick to auto lol
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it wasnt faked you’re such an old dog what the hell lmao
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I wish to correct myself, auto should take her* own advice. I apologize.
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except for when a time in which the resignation is taken into effect is given and the person retracts it before that time… it’s as if auto is a bar cert who knows these loopholes
her*
ah well corrected yourself before I sent mine
While yes, it’s a shitty thing that happened the wording of intent and the actual action are two very different things.
For a resignation to be legally recognized it must pass 3 checks, the forfeiture of position, the date of enactment and the notification of resignation to an individual authorized to accept a resignation. For a resignation to be retracted, it’s presumed (not ruled on) that the retraction must be sent to the individual who accepted the resignation, the position they have retracted their resignation from and the time the retraction takes effect. Let’s take a look at diaz’s resignation notice to the Lieutenant Governor.
Did Diaz state the position he is forfeiting? [✓]
Diaz states explicitly, “I am writing this letter to inform you of my resignation from the State Senate…”
Did Diaz state a time and date that the resignation will take effect? [✓]
Diaz states explicitly, “I am writing this letter to inform you of my resignation from the State Senate effective 4/6/2022 @ 8:00 PM EST.”
Did Diaz forward the letter to an individual designated to accept resignation requests? [✓]
In his letter, Diaz explicity states, “Dear Lieutenant Governor CoolPilotCai1…”
This letter has met all 3 checks required for a resignation to be legally binding pursuant to “A Bill to Regulate Resignations” and is seen as legally binding to any entity with the authority to accept resignations.
Now, we must look at diaz’s retraction letter. Same with the issuance of a resignation notice, it is presumed that for a resignation to be legally retracted it must meet the same 3 checks for a resignation to be accepted, effective date of retraction, position that is wished to not be forfeited, and for it to be sent to an individual with the authority to accept resignations.
Did Diaz state the position that he wished to no longer forfeit? [X]
Diaz did not explicitly state the position he wished to retain, however seeing as no other position was being resigned from a reasonable person (presumably a court as well) would argue that the position check is irrelevant in this matter and would be assumed to be from the State Senate.
Did Diaz send the retraction notice to an individual with the authority to accept resignations? [✓]
Diaz addressed the letter to Lieutenant CoolPilotCaio1, the same person who received the initial resignation request.
Did Diaz include an effective date of the resignation retraction? [X]
This is where things are left up to debate, however as I see it, an effective time was not included in his retraction notice. The wording of his letter is where the fog comes from (and where a court would presumably rule on). Intent does not equal an action, they are two separate things. An individual can intend to do something and then not do it. An individual could intend to run for public office, however that is not seen as the individual running for public office (i.e. “I intend to run in the Firestone Gubernatorial Election 2021-1” is not the same as actually forming a manifesto and joining the ballot. or, “I intend to resign the position of Council Chair” is not the same as issuing a legally binding resignation notice). I see no reason why resignations and retractions thereof would be any different, and I believe a court would see it the same way (please note, I am not a bar certified attorney and these are only my personal views.)
While it is extremely shitty that a single word completely ruined your positions in this state, wording is the most important aspect of legally binding documents. You are not the first person to make this mistake and you most likely will not be the last.
I wish you luck in your future Diaz.
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We (funny group with auto) debated reporting her discord to trust and safety so it’d get suspended temporarily for the lols
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too long didnt read
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Mad a little?
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except she has a sliver of legal competence so she did it correctly.
if your gonna make the joke, do it correctly or find out the hard way you didnt.
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not to be THAT guy but technically…
you actually dont need a date. in the absence of a date, its effective immediately.
(idk why it replied to u jason but cope and seethe)
@AestheticallyHappy
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